I’ve speculated for months that the criminal case against House Minority Whip Dan Foley had some major holes and might not go forward. Now, a special prosecutor assigned to consider the case has decided there are no charges to be filed.
“I’ve basically found that there is insufficient evidence to prosecute on those charges and that case law, in other words appellate decisions, are totally against us here in New Mexico,” former district court Judge Ralph W. Gallini told the Roswell Daily Record last week.
That effectively closes the book on the case.
Foley was charged in June with disorderly conduct, obstructing an officer and resisting arrest – all misdemeanors – stemming from a fight between two teens at a basketball tournament in
The case was initially dismissed by the charging officer in municipal court after one judge recused himself and another refused to do so even though it was revealed that he gave a campaign contribution to Foley several years ago, his son is a close friend and backer of Foley, and the judge made public statements about a pending motion in the case that may have been inappropriate.
The officer wrote on the dismissal that the case would be refilled in magistrate court. Instead, the case was given to the district attorney’s office, which initially said charges would be filed but later handed the case over to Gallini to decide whether to charge Foley.
So Foley won’t have to spend any more money on legal fees to defend himself against criminal prosecution. Still, his booking mug and the allegations in the police report may be used by Foley opponents in future elections to try to end his career. This incident might still come back to haunt him.